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m a?Cf <br />KERR-MCGEE OIL & GAS ONSHORE LP <br />L/.M-z©o&-^Ol7 <br />October 30, 2008 <br />VIA FACSIMILEAND U.S. MAIL <br />Colorado Division of Reclamation, Mining and Safety <br />Attn: Sir or Madam <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Broken Arrow Investments, LLC - Derr Gravel Pit <br />Reclamation Permit <br />Township 5 North, Range 65 West, 6th P.M. <br />Section 04: SW/4NE/4 <br />Weld County, Colorado <br />Dear Sir or Madam: <br />NOV 0 32003 <br />j 4t??€?il?t and Ssfo+y <br />This letter is being sent to inform you?t at Kerr-McGee Oil & Gas Onshore LP <br />("KMG") holds valid and subsisting oil and gas lease rights in the captioned property. <br />KMG's rights may be adversely affected by the reclamation permit application being <br />proposed by Broken Arrow Investments, LLC. KMG is submitting this comment and <br />objection timely, in accordance with State of Colorado and the Division of Reclamation, <br />Mining and Safety's ("Division") procedural requirements. <br />KMG's recorded oil and gas leases are real property interests entitling it to <br />produce oil and gas from the leased lands. The company has the right. to_produce from . <br />existing wells, to maintain, rework, recomplete, and fracture those existing wells to <br />enhance production, and to drill new wells to produce oil and gas, in accordance with <br />applicable Colorado Oil and Gas Conservation Commission regulations and Colorado <br />Statutes. KMG's oil and gas assets have significant value, and the company is <br />consequently concerned about any development, surface use, plan of use, PUD, zoning or <br />rezoning, or other action by the Division that would impair or preclude its ability to <br />develop its property. <br />KMG's preferred practice is to meet with surface owners and attempt to conclude <br />a mutually acceptable surface use agreement. It is essential that such an agreement be in <br />place before the Division approves the developer's application. However, as of this date, <br />KMG and Broken Arrow Investments, LLC have not concluded such an agreement. <br />KMG must object to any approval by the Division of the Broken Arrow Investment, <br />1099 18 TM STREET • DENVER, COLORADO 80202 <br />720-929-6000 <br />?1J KerrNtGee <br />A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION